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FightBack Forums _ Speeding and other Criminal Offences _ What happens following traffic offence report

Posted by: Dave8389 Thu, 30 Nov 2017 - 22:45
Post #1336110

Hiya

Never been caught speeding before so feeling a little unsure what to do next. Been driving 15 years

Stopped by unmarked police car for doing 67 in a 40 and issued with a traffic offence report.
My head was spinning a little but I'm sure the officer told me I would hear within 14 days some more info.

TOR says my offence was speeding In a 40 but doesn't mention the speed I was doing.

It's been 5 weeks no and not heard anything.
Would this be normal and should I do anything

Thank you for any thoughts

Posted by: cp8759 Thu, 30 Nov 2017 - 22:48
Post #1336111

If the police warned you of a prosecution at the roadside, you've received a verbal notice of intended prosecution so the 14 day rule for postal NIPs is irrelevant. The police have six months from the date of the offence to charge you, so you may well have to wait a few more months to get a summons.

Posted by: Dave8389 Thu, 30 Nov 2017 - 22:52
Post #1336113

QUOTE (cp8759 @ Thu, 30 Nov 2017 - 22:48) *
If the police warned you of a prosecution at the roadside, you've received a verbal notice of intended prosecution so the 14 day rule for postal NIPs is irrelevant. The police have six months from the date of the offence to charge you, so you may well have to wait a few more months to get a summons.



Hi

Thank you for that. I don't recall been told that but I was cautioned.
Few months ahead worrying then it sound like

Posted by: Jlc Thu, 30 Nov 2017 - 22:57
Post #1336116

...and it will be a court visit as the excess is too much for fixed penalty.

It's band C - so 6 points or upto 56 day ban.

Fine around 150% of weekly relevant earnings (discounted by 33% for a guilty plea), costs of £85 and surcharge of 10% of the fine (min £30).

QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 22:52) *
I don't recall been told that but I was cautioned.

You don't need a caution. Simply what the offence was and that you would be prosecuted.

Posted by: Dave8389 Thu, 30 Nov 2017 - 23:02
Post #1336119

QUOTE (Jlc @ Thu, 30 Nov 2017 - 22:57) *
...and it will be a court visit as the excess is too much for fixed penalty.

It's band C - so 6 points or upto 56 day ban.

Fine around 150% of weekly relevant earnings (discounted by 33% for a guilty plea), costs of £85 and surcharge of 10% of the fine (min £30).

QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 22:52) *
I don't recall been told that but I was cautioned.

You don't need a caution. Simply what the offence was and that you would be prosecuted.



Thanks for that. I'm almost certain he didn't tell me that however I understand the speed he told me I was doing puts my offence in band C

Posted by: Jlc Thu, 30 Nov 2017 - 23:06
Post #1336120

Read http://www.pepipoo.com/Glossary.htm#Verbal_NIP

Posted by: southpaw82 Thu, 30 Nov 2017 - 23:06
Post #1336121

QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 23:02) *
Thanks for that. I'm almost certain he didn't tell me that however I understand the speed he told me I was doing puts my offence in band C

Presumably he communicated to you that he'd stopped you for speeding and that a report would be made (the TOR). Are you saying that from those circumstances you didn't understand that you might be prosecuted for speeding?

Posted by: Dave8389 Thu, 30 Nov 2017 - 23:11
Post #1336125

QUOTE (southpaw82 @ Thu, 30 Nov 2017 - 23:06) *
QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 23:02) *
Thanks for that. I'm almost certain he didn't tell me that however I understand the speed he told me I was doing puts my offence in band C

Presumably he communicated to you that he'd stopped you for speeding and that a report would be made (the TOR). Are you saying that from those circumstances you didn't understand that you might be prosecuted for speeding?


I understand the point you are making. On that basis it's sounds obvious however the officer did tell me I would hear within 14 days which has passed hence me asking the question.

Thanks anyway for taking the time to reply

Posted by: Logician Fri, 1 Dec 2017 - 01:44
Post #1336149

QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 23:11) *
QUOTE (southpaw82 @ Thu, 30 Nov 2017 - 23:06) *
QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 23:02) *
Thanks for that. I'm almost certain he didn't tell me that however I understand the speed he told me I was doing puts my offence in band C
Presumably he communicated to you that he'd stopped you for speeding and that a report would be made (the TOR). Are you saying that from those circumstances you didn't understand that you might be prosecuted for speeding?
I understand the point you are making. On that basis it's sounds obvious however the officer did tell me I would hear within 14 days which has passed hence me asking the question. Thanks anyway for taking the time to reply


Some forces do send a NIP after a roadside warning, a belt and braces policy, but most do not and there is no legal requirement to do so. Courts stick closely to the guidelines laid down which were set out in an earlier post.


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